Corrigan v. Portland Traction Co.
| Citation | 157 Or. 496,73 P.2d 378 |
| Parties | CORRIGAN v. PORTLAND TRACTION CO. |
| Decision Date | 02 November 1937 |
| Court | Oregon Supreme Court |
Department 2.
Appeal from Circuit Court, Multnomah County; Louis P. Hewitt, Judge.
Action by James Corrigan, a minor, by Ethel Watkins, his mother and natural guardian, against the Portland Traction Company. Judgment for plaintiff after defendant's motion for a directed verdict was overruled, and defendant appeals.
Reversed and remanded, with directions to dismiss the action.
Earl S Nelson, of Portland (Griffith, Peck & Coke, of Portland, on the brief), for appellant.
Wm. P Lord, of Portland (T. Walter Gillard and Robert D. Austin both of Portland, on the brief), for respondent.
The plaintiff, a boy thirteen years and three months old, while on his way to school, in crossing Eighty Second street in the city of Portland, was run down and injured by a federally owned and operated CCC truck. Immediately preceding the injury, he had alighted from a passenger bus which was owned and operated for hire by the defendant company. He brought this action against the defendant company alone through his mother as his natural guardian to recover damages for his injuries, alleging in his complaint that these injuries resulted from the negligence of the defendant company in failing to warn him of the danger of crossing Eighty Second street and in failing to let him off at the end of the block.
By way of answer, the defendant company denied that it was negligent in either of said particulars and alleged that the plaintiff was let off at the regular place for the discharge of passengers going to plaintiff's school, and that the plaintiff was guilty of contributory negligence in running across Eighty Second street, after being discharged from defendant's bus in a place of safety without observing the approaching truck, and that such negligence upon the part of the plaintiff was the sole proximate cause of his injury.
At the close of the trial, the defendant company moved the court for a directed verdict. This motion was overruled, and the plaintiff had judgment, from which the defendant company has appealed.
It appears from the undisputed evidence in the case that Eighty Second street was a main thoroughfare leading north and south through the city of Portland on the east side of the Willamette river, and that it carries a large amount of traffic and that at the place of the accident it is a paved street, the pavement being 18 feet in width, with shoulders on each side of the pavement; that the bus on which the plaintiff had been riding was going north on Eighty Second street and that it had been driven over and stopped on its own right-hand side of the street; that plaintiff got off at the front and right-hand side of the bus and immediately thereafter started to run around the rear end of the bus and across Eighty Second street; and that he continued running until he had passed the middle of the street, where the accident occurred.
The undisputed evidence further shows...
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Smith v. Portland Traction Co.
...at a reasonably safe place. Lewis v. Pacific Greyhound Lines, Inc., 147 Or. 588, 34 P.2d 616, 96 A.L.R. 718; Corrigan v. Portland Traction Co., 157 Or. 496, 73 P.2d 378; Jackson v. City of Seattle, 15 Wash.2d 505, 131 P.2d 172; Trzecki v. St. Louis Public Service Co., Mo., 258 S.W.2d 676; A......
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